Lewark v. Parkinson

Citations

• 73 Kan. 553
• 85 P. 601
• 1906 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carriers — Owners of Hacks — Injury to Passenger. Proprietors of hacks and cabs carrying passengers for hire are liable for all injuries caused by their failure to provide suitable vehicles, safe horses and harness, and a competent, careful driver.</p> <p>2. - Unsafe Horses — Defective Harness — Emergency — Time for Deliberation. When the proprietors of a line of hacks and cabs engaged in carrying passengers for hire are sued for damages for injuries sustained by a passenger in a runaway caused by the team’s becoming frightened and the harness breaking, an instruction is properly refused which charges that carriers are not liable for a mistaken exercise of judgment on the part of their servants in an emergency, nor for a failure of such servants to act with the utmost promptitude when the circumstances are such as to afford no time for deliberation.</p> <p>3. Damages — Personal.Injuries—Expenses. Expenses incurred by an injured passenger, which resulted from the, injuries, including compensation for services of nurses, are proper elements of damages in an action against the carrier in such a case, notwithstanding the services were performed by a member of the family of the injured person, if the services were necessary and the charges reasonable.</p>